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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7760800
Regular
Jan 24, 2012

FRANK BOWEN vs. HYATT REGENCY IRVINE, GALLAGHER BASSETT ORANGE

The Workers' Compensation Appeals Board denied Frank Bowen's Petition for Reconsideration in case ADJ7760800. The Board adopted the findings of the administrative law judge, giving great weight to their credibility determination. Therefore, the petition was denied based on the reasoning provided by the WCJ.

Petition for ReconsiderationWCJ's Opinion on DecisionReport and RecommendationGarza v. Workmen's Comp. Appeals Bd.credibility findingWorkers' Compensation Appeals BoardOrder Denying ReconsiderationAdministrative Law JudgeApplicantDefendant
References
Case No. VNO 388892, VNO 388897
Regular
Dec 21, 2007

DARRELL BOWEN vs. GALPIN MOTORS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Darrell Bowen's claim against Galpin Motors and Liberty Mutual. While affirming the original decision, the Board amended one finding of fact to assess a 25% penalty for unreasonable delay in providing medical treatment, not exceeding $10,000. The parties were directed to adjust this penalty with jurisdiction reserved.

Workers' Compensation Appeals BoardReconsiderationWCJ reportMedical treatment delayPenalty assessmentUnreasonably delayedJurisdiction reservedOpinion and OrderDecision After ReconsiderationFindings of Fact
References
Case No. ADJ2408088 (LAO 0840556)
Regular
Nov 30, 2009

, SCOTT BOWEN, vs. , TAYLOR CONTRACTING SERVICES, INC.; and TIG SPECIALTY INSURANCE COMPANY,

The WCAB denied reconsideration of the decision finding the applicant's average weekly earnings (AWE) to be $403.29. The WCJ's decision on AWE was upheld.

Workers' Compensation Appeals BoardADJ2408088LAO 0840556Scott BowenTaylor Contracting ServicesInc.TIG Specialty Insurance CompanyOpinion and Order Denying ReconsiderationFindings of Fact and OrdersWorkers' Compensation Judge (WCJ)
References
Case No. ADJ10069789 MF ADJ10069817 ADJ10069939
Regular
Feb 02, 2017

ANTHONY SMITH vs. TW TRANSPORTATION

In this workers' compensation case, the applicant was hired in California but signed an employment contract with a choice-of-law clause selecting Washington law and forum. The WCAB granted reconsideration, reversing the administrative law judge's prior order to adjudicate in Washington. The Board found that hiring in California is a sufficient connection to establish WCAB jurisdiction, superseding the choice-of-law clause due to California's strong public policy interest in workers' compensation claims. Therefore, the applicant's claims will be adjudicated in California.

WCABJurisdictionLabor Code Section 3600.5(a)Contract of HireForum Selection ClauseChoice of Law ProvisionReconsiderationFindings of FactMcKinley v. Arizona CardinalsPalma
References
Case No. ADJ7597520
Regular
Sep 09, 2014

MAZIO ROYSTER vs. NFL EUROPE, TIG SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior ruling that it has jurisdiction over an applicant's injury claim against NFL Europe. This decision was based on the finding that the applicant's contract of hire was formed in California, even though the injury occurred out-of-state. The Board also held that any forum selection clause in the contract would not be enforced as it contravenes California public policy favoring workers' compensation rights when the contract of hire is made within the state. The WCAB's reasoning relied heavily on statutory provisions and case law establishing California's jurisdiction when the contract formation occurs in California.

WCABNFL EuropeTIG Specialty Insurance CompanyZenith Insuranceindustrial injuryprofessional athletecontract of hireforum selection clausejurisdictionpublic policy
References
Case No. ADJ1034572
Regular
Apr 08, 2013

TROY BOWEN vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA

The Workers' Compensation Appeals Board denied reconsideration of a decision by an Administrative Law Judge (WCJ). The applicant, Troy Bowen, alleged his employer, the Regents of the University of California, violated Labor Code § 132a by retaliating against him, leading to his termination. The WCJ found the applicant's allegations of discrimination and his version of events not credible. The Board adopted the WCJ's report, deferring to the judge's credibility determinations, and found no violation of Labor Code § 132a based on the evidence.

Labor Code § 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJcredibility determinationdiscriminationretaliatory conductterminationrestricted areaindustrial injury
References
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
Case No. AHM 0121690
Regular
Aug 19, 2008

DENNIS CLARK vs. HMS CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

In *Clark v. HMS Construction, Inc.*, the Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision asserting California jurisdiction over an applicant's injury claim. The Board found that because the applicant accepted the offer of employment in Maryland, California lacked jurisdiction under Labor Code sections 3600.5 and 5305. Therefore, the prior award was rescinded, and the applicant's claim was dismissed.

Workers' Compensation Appeals BoardJurisdictionContract of HireLex Loci ContractusOffer and AcceptanceMarylandHawaiiHMS ConstructionInc.State Compensation Insurance Fund
References
Case No. ADJ6577495
Regular
Mar 20, 2012

SANDRA BOWEN vs. MACY'S CORPORATE SERVICES

The Appeals Board denied a lien claimant's Petition for Removal and dismissed their Petition for Disqualification. The lien claimant objected to the Workers' Compensation Judge's order to consider sanctions and require medical providers to appear, believing it inappropriate based on the defendant's MPN defense. The Board found no substantial prejudice or irreparable harm from the unadjudicated sanctions issue, and the petition for disqualification lacked proper grounds and verification. Therefore, the petitions were denied and dismissed.

Petition for RemovalPetition for DisqualificationLien claimantWCJSanctionsMedical Provider NetworkMPNSerious and Willful misconductCompromise and ReleaseLabor Code section 5813
References
Case No. ADJ156419
Regular
Feb 20, 2019

JOCELYN BOWEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board reversed a prior Independent Medical Review (IMR) decision that denied the applicant's Norco prescription. The Board found the IMR reviewer failed to consider all submitted medical records and prior IMR determinations, leading to plainly erroneous findings of fact. Specifically, the IMR reviewer incorrectly stated there was no documentation of functional improvement with Norco, despite such documentation being present. The case is remanded for a new IMR review by a different reviewer or organization.

Workers' Compensation Appeals BoardIndependent Medical ReviewUtilization ReviewPlainly Erroneous FindingsAdministrative DirectorLabor CodeMedical Treatment Utilization ScheduleNorcoPain ManagementOrthopedic Surgery
References
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